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Administrative Law Keyed to Asimow
Goldberg v. Kelly
Citation:
397 U.S. 254 (1970)Facts
The case involved residents of New York City receiving financial aid under the federally assisted Aid to Families with Dependent Children (AFDC) program or under New York State’s general Home Relief program. Initially, there was no requirement for prior notice or hearing before termination of benefits. After lawsuits were filed, New York implemented procedures requiring notice to recipients at least seven days prior to termination, with an opportunity to submit written statements for review by a welfare official. However, these procedures did not allow for personal appearances, oral presentation of evidence, or confrontation and cross-examination of adverse witnesses. Recipients could request a post-termination “fair hearing,” but this occurred only after benefits had already been cut off. The plaintiffs challenged the constitutional adequacy of these procedures, arguing that the Due Process Clause required a full evidentiary hearing before termination of welfare benefits.
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